The Disabled Persons (Employment and Rehabilitation)
GOVERNMENT OF PAKISTAN
MINISTRY OF HEALTH AND SOCIAL WELFARE
(SOCIAL WELFARE WING)
ORDINANCE NO. XL OF 1981
To provide for the employment, rehabilitation and welfare of
WHEREAS it is expedient to provide for the employment,
rehabilitation and welfare of disabled persons and for matters
AND WHEREAS the President is satisfied that circumstances exist
which render it necessary to make immediate action;
NOW, THEREFORE, in pursuance of the proclamation of the fifth day of
July, 1977, read with the Provisional Constitution Order, 1981 (C.M.L.A.
Order No.1 of 1981). And in exercise of all powers enabling him in
that behalf, the President is pleased to make and promulgate the
Short title, extent and commencement.-
This Ordinance may be called the Disabled Persons (Employment and
Rehabilitation) Ordinance, 1981.
It extends to the whole of Pakistan.
It shall come into force on such day as the Federal Government may,
by notification in the official Gazette, appoint
In this ordinance, unless there is anything repugnant in the
subject or context:-
means the Chairman of the National Council or, as the case may be,
the Provincial Council;
establishment” and “Industrial establishment” shall have the same
meaning as in the West Pakistan Industrial and Commercial Employment
(Standing Orders) Ordinance, 1968 (W.P. Ordinance No.VI of 1968).
Persons” means a persons who, on account of injury, disease or
congenital deformity, is handicapped for undertaking any gainful
profession or employment in order to earn his livelihood , and
includes a persons who is Blind, Deaf, Physically Handicapped or
includes the Physical or Mental Condition arising from the imperfect
development of any organ;
means a regular or whole - time employee whether employed on daily,
weekly or monthly basis, and includes an apprentice;
means a Government establishment, commercial establishment in which
the number or workers employed at any time during a year is not less
than one hundred;
means the Rehabilitation of Disabled Persons Fund establish under
Establishment” includes any autonomous or semi-autonomous body,
University, College, Professional School and Organization controlled
or Managed by the Federal Government or a Provincial Government;
Council” means the National Council establishment under section 3;
means prescribed by rules made by the Federal Government or, as
case may be, the Provincial Government;
Council” means a Provincial Council under section 5; and
means a the secretary of the National Council or, as the case may
be, the Provincial
The Federal Government shall by Notification in the Official
Gazette, establish a council to be called the National Council for
the Rehabilitation of Disabled Persons consisting of the following
Secretary, Ministry of Health and Social Welfare, shall also be its
representative each of the three Armed Forces;
representative of the Manpower Division;
representative of the Labour Division;
representative of the Health Division;
representative of the Education Division;
representative of the Communications Division;
representative of the Ministry of Water and Power;
representative of the Ministry of Petroleum and Natural Resources;
representative of the Industries Division;
representative of the Planning Division;
nominee of the Administrator – General, Zakat;
persons to be nominated by the Federal Government from amongst the
persons engaged in the welfare of disabled persons;
representative of the National Council of Social Welfare;
representative of the Registered Trade Unions to be nominated by the
Labour Division; and
Deputy Secretary, Health and Social Welfare Division, dealing with
Social Welfare, who shall also be the Secretary of the National
Functions of the National Council:-
to any directions given by the Federal Government, the National
Policy for the employment, rehabilitation disabled persons;
assess and co-ordinate the execution of its Policy by the Provincial
overall responsibility for the achievement of the purposes of this
Without prejudice to the generality of the Provision of sub
section (I) the policy may relate to -
survey of the disabled persons in the country who are desirous of
Medical Examination and Treatment of the Disabled Persons;
providing of training to the disabled persons;
taking of such other measures as are necessary for carrying out the
purposes of this Ordinance,
Each Provincial Government shall, by notification in the official
Gazette, establish a Council to be called the Provincial Council
for the Rehabilitation of Disabled Persons consisting of the
following members, namely:-
Secretary, Social Welfare Department, who shall also be its
Secretary, Labour Department;
representative of the Planning and Development Department;
representative of the Manpower Department;
representative of the Health Department;
representative of the Education Department;
representative of the Communications Department;
representative of the Water and Power Department;
representative of the Chamber of Commerce;
Administrator of Zakat;
representative of the Social Welfare Council;
representative of the Social Services Board;
representative of the registered Trade Union to be nominated by the
persons nominated by the Provincial Government from amongst the
persons engaged in the welfare work of disabled persons; and
Social Welfare Department, who shall also be the Secretary of the
Functions of the Provincial Councils:- Subject to any
directions given by the National Council the Provincial Council
the policy made by the National Council for the employment,
rehabilitation and welfare of the disabled persons;
appropriate projects for these purposes;
directions to the Employment Exchange and other bodies for the
implementation of the projects; and
time to time take stock of the extent of functional disabilities of
Meetings of the Council:-
meetings of the National Council or a provincial Council shall be
held at such time and at such places as the Chairman thereof may
direct and shall be presided over by such Chairman.
meeting of the National Council or a Provincial Council shall be
conducted in accordance with such procedure as may be prescribed,
and until such procedure is prescribed, in such manner as the
Chairman thereof may direct.
powers and functions of the Chairman shall, in his absence, be
exercised and performed by such member of the National Council or
the Provincial Council as the Chairman thereof may appoint.
quorum to constitute a meeting of the National Council or a
Provincial Council shall be four.
orders and decisions of the National Council or a Provincial Council
shall be authenticated by the signature of the Chairman thereof or
the persons authorized by him.
Duties of Secretary:-The
secretary shall exercise such powers and perform such functions as
may be assigned to him by the Chairman.
Appointment of Committee:-
The National Council or a Provincial Council may appoint such
Committee consisting of such of its members as it thinks fit and
may refer to them any matter for consideration and report:
Provided that the Council may, if it considers necessary, co-opt any
person to a Committee.
Establishments to employ disabled persons: -
less than one percent of the total number of the persons employed by
an establishment at any time shall be disabled persons whose names
have been registered with the Employment Exchange of the area in
which such establishment is located and against whose names in the
register maintain under section 12 an endorsement exists to the
effect that they are fit to work.
disabled persons employed against any post in pursuance of
sub-section (1) shall be entitled to the terms and conditions which
are not less favorable than those of the other persons employed by
the establishment against similar posts.
calculating the percentage of the posts in an establishment for the
purpose of employment of disabled persons, the fraction of 0.5 and
above shall count as a whole number.
Establishment to pay to the fund:- An establishment which
does not employ a disabled persons as required by section 10 shall
pay into the funds each month the sum of money it would have paid
as salary or wages to the disabled persons had he been employed.
Registration of disabled persons.-
disabled person desirous of being employed or otherwise
rehabilitated may have his name registered in the register maintain
by the Employment Exchange in such form and in such manner as may be
prescribed by the Federal Government; and the Employment Exchange
shall refer all names so registered to the Provincial Council.
Provincial Council shall, if it thinks necessary, cause each
disabled persons registered under sub-section (1) to be assessed as
to the nature of his functional disability and also as to his
aptitude and the nature of the work he is fit to do by a Medical
Officer authorized by it in its behalf or by such assessing Board
consisting of not less than one Medical Officer as it may appoint,
and Medical Officer or, as the case may be, the assessing Board
shall submit its report to the Provincial Council in such form as
may be prescribed by the Provincial Government.
the disabled person is considered by the Provincial Council fit to
work, it shall so inform the Employment Exchange, indicating the
nature of work for which he may be trained, and an endorsement to
that effect shall be made against his name in the register.
the disabled person is not considered by the Provincial Council fit
to work, the Provincial Council shall inform the Employment Exchange
accordingly for an endorsement to that effect being made against his
name is the register, and the Provincial Council shall take such
measures for his rehabilitation as it thinks fit.
a person is declared by the Provincial Council not to be disabled
persons, his name shall be struck off the register.
Establishment of Training Centers:-The Provincial
Council shall arrange for the training of disabled persons in such
trades and vocations as it thinks fit, and shall establish
training centers in such trades and vocations in such a manner as
may be described by the Provincial Government.
Establishments to Furnish Information:-Every
Establishment shall furnish to such person or authority such
information required for the implementation of the Provisions of
this Ordinance in such form and in such manner as the National
Council may, by notification in the official Gazette,
Power to Debar Further Employment:-
Provincial Council may debar from further employment or training for
such period as may be specified by it any disabled person who,
without valid reason, refuses to accept or abandons his employment
or training under this Ordinance or otherwise acts in a manner
detrimental to the interests of the trade or profession in which he
is employed or undergoing training.
disabled persons shall be debarred under sub-section (1) unless he
has been given an opportunity of being heard.
person aggrieved by an order under section 15 may prefer an appeal
to the National Council within thirty days of the date of the order.
National Council may call for the record of the case and may, after
giving the parties an opportunity of being heard or after making
such further enquiry as it thinks fit may pass such order as it
shall be established by the Federal Government a Fund to be known as
the Disabled Persons Rehabilitation Fund which shall comprise-
(a) all sums paid by the establishment under section II;
(b) all grants if made by the Federal Government, Provincial
Government or local bodies; and
(c) Donations, if any, made by private individuals.
Fund shall be administered by the National Council shall, in
consultation with the Federal Government, make such allocations to
the Provincial Councils as it thinks necessary.
Fund shall be utilized for:-
(a) The establishment of training centers for disabled persons;
(b) Financial assistance to disabled persons who are not fit to
undertake any employment;
(c) Disbursement of stipends or scholarship to disabled persons
(d) The welfare of disabled persons; and
(e) Providing artificial limbs, surgical therapy and medical
treatment to disabled persons.
Power to exempt:-
The Federal Government may, by notification in the official
Gazette, exempt any establishment or class of establishments from
the operation of all or any of the Provisions of this Ordinance.
Delegation of power:-
National Council may delegate all or any of its powers under this
ordinance to any of its members or to a Provincial Council, subject
to such conditions as it may specify.
Provincial Council may delegate all or any of its power under this
Ordinance, including any of the powers delegated to it under
sub-section (1) to any of its members, subject to such conditions as
it may specify.
Any establishment which fails to pay into the Fund any sum it is
required to pay under section II shall be punishable with fine
which may extend to one thousand rupees and, in the case of
non-payment of fine, with an additional fine which may extend to
ten rupees for every day during which the payment of fine is not
Cognizance of offences, etc.-
court inferior to that of a Magistrate of the first class shall try
an offence punishable under this Ordinance.
court shall take cognizance of an offence punishable under this
Ordinance except upon a complaint in writing made by, or under the
authority of, the National Council or the Provincial Council.
Power to make rules.-
Federal Government may, by notification in the official Gazette,
make rules for carrying out the purposes of this Ordinance.
Provincial Government may, by notification in the official Gazette,
make rules not inconsistent with the rules made under sub-section
(1) for carrying out the purposes of this Ordinance.
OF THE PROVINCIAL COUNCILS
(a) Execute the policy made by the National Council for the
employment, rehabilitation and welfare of the disabled persons;
(b) Undertake appropriate projects for these purposes;
(c) Issue directions to the Employment Exchange and other bodies
for the implementation of the projects; and
(d) From time to time take stock of the extent of functional
disabilities of disabled persons.